N.Y. Military Law § 300: Findings and declaration of emergency

§ 300. Findings and declaration of emergency. It has been nationally

recognized that because of the emergent conditions which are threatening

the peace and imperiling the security of the nation, there is imperative

need to augment and strengthen the national defense. It is further

recognized that the emergent conditions which endanger the national

well-being likewise constitute an imminent threat and hazard to the

peace and security of the people of the state. Moreover, it is

acknowledged that the exigencies of national defense require that the

people of the state, in large numbers, be called into military service,

and as a consequence, the health, prosperity and welfare of all of the

people of the state is inevitably affected.

In these circumstances, and in order to promote and to assist the

national defense, and thereby to protect the peace, prosperity and

health of the people of the state, it is necessary that citizens and

residents of the state in the military service as well as those who are

members of the organized militia or of a reserve component of the armed

forces of the United States should be free to devote their entire energy

and effort to the defense needs of the nation and of the state. To

assist in this end, it is essential to provide in certain cases for the

temporary suspension of legal proceedings and transactions which may

prejudice the civil rights of persons in the military service. It is

further essential in the interests of the prosperity and well-being of

the people of the state, that such persons, upon completion of military

service, be restored to their former employment.

The legislature finds, further, that citizens and residents of the

state, not in military service, who are members of the organized militia

or of a reserve component of the armed forces of the United States are

being discriminated against by certain employers who either refuse to

employ them because of such membership or, if employed, discharge or

otherwise discriminate against them because of such membership and that

such acts of discrimination jeopardize the recruiting of citizens and

residents of the state into the organized militia and the reserve

components of the armed forces of the United States and otherwise affect

the security of the state.

The legislature finds, further, that citizens and residents of the

state, not in military service and not members of the organized militia

or of the reserve components of the armed forces of the United States,

are discriminated against by certain employers who refuse to employ them

because they are subject to military service in the armed forces of the

United States under the selective service act of nineteen hundred

forty-eight, as amended.

In the interpretation and application of this article, it is hereby

declared to be the public policy of the state to maintain, secure and

protect the civil and property rights of persons in the military

service, as hereinafter defined, and of employees who are members of the

organized militia or members of a reserve component of the armed forces

of the United States.

The legislature hereby declares the existence of a public emergency

affecting the health, safety and comfort of the people, requiring the

enactment of the provisions of this act to protect the vital interests

of the state.

All the provisions of this article shall be liberally construed for

the accomplishment of this purpose.

This article shall be deemed an exercise of the police power of the

state, for the protection of the public welfare, prosperity, health and

peace of the people of the state.